DANNY JOE HIRSCHFIELD v. U. S. DEPARTMENT OF HOMELAND SECURITY et al

Filing 12

ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED for failure to prosecute and/or failure to comply with a Court Order by Magistrate Judge John E. McDermott Response to Order to Show Cause due by 1/19/2012. (san)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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DANNY JOE HIRSCHFIELD,
Plaintiff,

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v.

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U.S. DEPARTMENT OF HOMELAND
SECURITY, et al.,

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Defendants.
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Case No. CV 11-7237-R (JEM)
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE AND/OR
FAILURE TO COMPLY WITH A COURT
ORDER

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On September 7, 2011, Danny Joe Hirschfield (“Plaintiff”), proceeding pro se, filed a
civil rights complaint pursuant to 28 U.S.C. § 1983 (“Complaint”).
On September14, 2011, the Court issued an Initial Order Re: Civil Rights Case, in

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which Plaintiff was ordered to serve the summons and complaint on all named defendants

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promptly and to file two copies of the proof of service showing compliance within sixty days

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of filing the Complaint. Plaintiff was warned explicitly that “[n]on-compliance with this

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paragraph may result in issuance of an order to show cause re dismissal for failure to

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prosecute.”

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More than sixty days have passed since the filing of the Complaint and Plaintiff has
failed to file proof of service of the summons and complaint.

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Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE why this action should
not be dismissed for failure to prosecute and/or failure to comply with a Court order.

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Plaintiff shall file a written response to this Order to Show Cause no later than

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January 19, 2012. Plaintiff may respond by filing the required proof of service or by setting

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forth compelling reasons why service has not been effectuated in a timely manner. The

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Order to Show Cause will stand submitted upon the filing of Plaintiff’s response. Plaintiff is

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advised that failure to file a proof of service or other response to this Order to Show Cause

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will result in the Court recommending that the case be dismissed for failure to prosecute

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and/or failure to comply with a Court order.

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IT IS SO ORDERED.

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DATED: January 5, 2012

/s/ John E. McDermott
JOHN E. MCDERMOTT
UNITED STATES MAGISTRATE JUDGE

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